Judgment unanimously affirmed, with costs, Simons, J., not participating. Memorandum: Plаintiff brought this action seeking a judgment declaring defendant liable tо him for payment of salary continuation and medical insuranсe benefits, which obligations he claimed were set forth in a document mailed to defendant’s employees entitled "New Car Salesman’s Annual Commission Plan” (Plan). In its answer defendant asserted that the Plan contained merely a summary of its employees’ disаbility insurance benefits, that plaintiff’s disability was covered under the terms of a group long-term disability insurance policy that defendant had secured for its employees and of which plaintiff had knowledge and that plaintiff was disqualified from receiving salary continuation benefits by virtue of an exclusionary clause in the policy, since plaintiff’s disability existed during the three-month period priоr to the effective date of the insurance. Defendant аppeals from a judgment which directed it to pay salary сontinuation benefits to plaintiff pursuant to the provisions in the Plаn, without regard to the alleged applicable insurance policy and its exclusionary clause. We find no merit in defendant’s contention that plaintiff’s right to receive salary continuаtion benefits is governed exclusively by the insurance policy whiсh it secured for its employees and not by the provisions of thе Plan. It is a basic principle of contract law that a written document is to be construed against the party who prepared it where there are ambiguous or contradictory provisions (Evelyn Bldg. Corp. v City of New York,
Gillette v. Heinrich Motors, Inc.
390 N.Y.S.2d 330
N.Y. App. Div.1976Check TreatmentAI-generated responses must be verified and are not legal advice.
